BILL NUMBER: AB 2921	CHAPTERED  09/29/00

	CHAPTER   910
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 26, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Committee on Human Services (Aroner (Chair), Ashburn
(Vice Chair), Bock, Ducheny, Dutra, Floyd, and Strom-Martin)

                        MARCH 16, 2000

   An act to amend Sections 8703, 8714, 8714.5, 8714.7, 8715, 9201,
9202, and 9203 of the Family Code, and to amend Sections 362, 366.21,
366.22, 366.26, and 366.3 of, and to repeal Sections 366.24 and
366.25 of, the Welfare and Institutions Code, relating to minors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2921, Committee on Human Services.  Minors:  adoption:
dependent children.
   (1) Existing law requires that, when the parental rights of a
birth parent are terminated, the State Department of Social Services
or licensed adoption agency responsible for the adoptive placement of
the child, shall send written notice to the birth parent encouraging
the birth parent to keep the department or agency informed of the
birth parent's current address in order to permit a response to any
inquiry concerning the medical or social history made by or on behalf
of the child.
   This bill would require the written notice to also inform the
birth parent of an adopted person's right, upon attaining the age of
21 years, to request from the department or licensed adoption agency
the name and address of the adoptee's birth parent or parents, and to
give the birth parent or parents the opportunity to indicate whether
or not to disclose this information.
   Existing law authorizes written kinship adoption agreements
providing for continuing contact between the adopting parent or
parents, birth relatives including the birth parent or parents, and
the child, provided the court finds this to be in the best interests
of the child at the time the adoption petition is granted.  These
agreements are only authorized where the adopting parent is a
specified relative of the child or a relative of the child's half
sibling.
   This bill would change all references to kinship adoption
agreements to postadoption contact agreements, would authorize
nonrelative adopting parents to enter into such an agreement, and
would require the court to additionally find that such an agreement
was entered into voluntarily by the above-specified persons.  The
bill would limit the terms of any postadoption contact agreement to
the sharing of information about the child unless the child has an
existing relationship with the birth relative.  The bill would
prohibit a prospective adoptive parent or birth relative, including a
birth parent, of a child who is the subject of juvenile court
proceedings, from being required by juvenile court order to enter
into a postadoption contact agreement or into mediation or other
negotiations intended to develop a postadoption contact agreement.
The bill would require that a copy of any postadoption contact
agreement be attached to the petition.
   Existing law provides that the department and any licensed
adoption agency may furnish information relating to an adoption
petition to the juvenile court, county welfare department, public
welfare agency, or private welfare agency if the child's welfare will
be promoted.
   This bill would expand these provisions to include the furnishing
of information with respect to a child in the custody of the
department or licensed adoption agency to the above entities, and
would specify additional specified persons to whom the information
may be released.  The bill would prohibit the department or a
licensed adoption agency from releasing information that would
identify persons who receive, or have received, adoption services
with specified exceptions.  The bill would require employees of the
department and licensed adoption agencies to release any information,
including identifying information, requested by the department at
Sacramento for the purposes of recordkeeping, monitoring, evaluation,
and regulation of adoption services.  The bill would make other
related changes.
   By imposing new duties on local officials, the bill would create a
state-mandated local program.
   (2) Existing law requires that the juvenile court must conduct
specified periodic hearings reviewing the status of dependent
children who have been placed in foster care.
   This bill, among other things, would revise and reorganize certain
of these provisions relating to the effect of certain circumstances
upon a determination of failure to provide or offer required
reasonable services; specify that references in these provisions to
"guardians" are to "legal guardians;" and eliminate certain
duplicative provisions.
   (3) This bill would incorporate additional changes in Section 362
of the Welfare and Institutions Code proposed by SB 1611, to be
operative if this bill and SB 1611 are enacted and become effective
on or before January 1, 2001, and this bill is enacted last.
   This bill also would incorporate additional changes in Section
366.3 of the Welfare and Institutions Code proposed by AB 1987, to be
operative if this bill and AB 1987 are enacted and become effective
on or before January 1, 2001, and this bill is enacted last.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8703 of the Family Code is amended to read:
   8703.  When the parental rights of a birth parent are terminated
pursuant to Chapter 5 (commencing with Section 7660) of Part 3 of
Division 12 or Part 4 (commencing with Section 7800) of Division 12,
or pursuant to Section 366.25 or 366.26 of the Welfare and
Institutions Code, the department or licensed adoption agency
responsible for the adoptive placement of the child shall send a
written notice to the birth parent, if the birth parent's address is
known, that contains the following statement:

   (a) "You are encouraged to keep the department or this agency
informed of your current address in order to permit a response to any
inquiry concerning medical or social history made by or on behalf of
the child who was the subject of the court action terminating
parental rights.
   (b) Section 9203 of the Family Code authorizes a person who has
been adopted and who attains the age of 21 years to make a request to
the State Department of Social Services, or the licensed adoption
agency, that joined in the adoption petition, for the name and
address of the adoptee's birth parents.  Indicate by checking one of
the boxes below whether or not you wish your name and address to be
disclosed:

   (  ) YES

   (  ) NO

   (  ) UNCERTAIN AT THIS TIME; WILL NOTIFY AGENCY AT LATER DATE"

  SEC. 2.  Section 8714 of the Family Code is amended to read:
   8714.  (a) A person desiring to adopt a child may for that purpose
file a petition in the county in which the petitioner resides.
Where a child has been adjudged to be a dependent of the juvenile
court pursuant to Section 300 of the Welfare and Institutions Code,
and has thereafter been freed for adoption by the juvenile court, the
petition may be filed either in the county where the petitioner
resides or in the county where the child was freed for adoption.
   (b) The court clerk shall immediately notify the department at
Sacramento in writing of the pendency of the proceeding and of any
subsequent action taken.
   (c) If the petitioner has entered into a postadoption contact
agreement with the birth parent as set forth in Section 8714.7, the
agreement, signed by the participating parties, shall be attached to
and filed with the petition for adoption under subdivision (a).
   (d) The caption of the adoption petition shall contain the names
of the petitioners, but not the child's name.  The petition shall
state the child's sex and date of birth.  The name the child had
before adoption shall appear in the joinder signed by the licensed
adoption agency.
   (e) If the child is the subject of a guardianship petition, the
adoption petition shall so state and shall include the caption and
docket number or have attached a copy of the letters of the
guardianship or temporary guardianship.  The petitioners shall notify
the court of any petition for guardianship or temporary guardianship
filed after the adoption petition.  The guardianship proceeding
shall be consolidated with the adoption proceeding.
   (f) The order of adoption shall contain the child's adopted name,
but not the name the child had before adoption.
  SEC. 3.  Section 8714.5 of the Family Code is amended to read:
   8714.5.  (a) The Legislature finds and declares the following:
   (1) It is the intent of the Legislature to expedite legal
permanency for children who cannot return to their parents and to
remove barriers to adoption by relatives of children who are already
in the dependency system or who are at risk of entering the
dependency system.
   (2) This goal will be achieved by empowering families, including
extended families, to care for their own children safely and
permanently whenever possible, by preserving existing family
relationships, thereby causing the least amount of disruption to the
child and the family, and by recognizing the importance of sibling
and half-sibling relationships.
   (b) A relative desiring to adopt a child may for that purpose file
a petition in the county in which the petitioner resides.  Where a
child has been adjudged to be a dependent of the juvenile court
pursuant to Section 300 of the Welfare and Institutions Code, and
thereafter has been freed for adoption by the juvenile court, the
petition may be filed either in the county where the petitioner
resides or in the county where the child was freed for adoption.
   (c) Upon the filing of a petition for adoption by a relative, the
county clerk shall immediately notify the State Department of Social
Services in Sacramento in writing of the pendency of the proceeding
and of any subsequent action taken.
   (d) If the adopting relative has entered into a postadoption
contact agreement with the birth parent as set forth in Section
8714.7, the agreement, signed by the participating parties, shall be
attached to and filed with the petition for adoption under
subdivision (b).
   (e) The caption of the adoption petition shall contain the name of
the relative petitioner.  The petition shall state the child's name,
sex, and date of birth.
   (f) If the child is the subject of a guardianship petition, the
adoption petition shall so state and shall include the caption and
docket number or have attached a copy of the letters of the
guardianship or temporary guardianship.  The petitioner shall notify
the court of any petition for adoption.  The guardianship proceeding
shall be consolidated with the adoption proceeding.
   (g) The order of adoption shall contain the child's adopted name
and, if requested by the adopting relative, or if requested by the
child who is 12 years of age or older, the name the child had before
adoption.
   (h) For purposes of this section, "relative" means an adult who is
related to the child or the child's half sibling by blood or
affinity, including all relatives whose status is preceded by the
words "step," "great," "great-great," or "grand," or the spouse of
any of these persons, even if the marriage was terminated by death or
dissolution.
  SEC. 4.  Section 8714.7 of the Family Code is amended to read:
   8714.7.  (a) The Legislature finds and declares that some adoptive
children may benefit from either direct or indirect contact with
birth relatives, including the birth parent or parents, after being
adopted.  Postadoption contact agreements are intended to ensure
children of an achievable level of continuing contact when contact is
beneficial to the children and the agreements are voluntarily
entered into by birth relatives, including the birth parent or
parents, and adoptive parents.
   (b) Nothing in the adoption laws of this state shall be construed
to prevent the adopting parent or parents, the birth relatives,
including the birth parent or parents, and the child from voluntarily
entering into a written agreement to permit continuing contact
between the birth relatives, including the birth parent or parents,
and the child if the agreement is found by the court to have been
entered into voluntarily and to be in the best interest of the child
at the time the adoption petition is granted.
   (1) Except as provided in paragraph (2), the terms of any
postadoption contact agreement executed under this section shall be
limited to, but need not include, all of the following:
   (A) Provisions for visitation between the child and a birth parent
or parents and other birth relatives, including siblings.
   (B) Provisions for future contact between a birth parent or
parents or other birth relatives, including siblings, or both, and
the child or an adoptive parent, or both.
   (C) Provisions for the sharing of information about the child in
the future.
   (2) The terms of any postadoption contact agreement entered into
pursuant to a petition filed under Section 8714 shall be limited to
the sharing of information about the child unless the child has an
existing relationship with the birth relative.
   (c) At the time an adoption decree is entered pursuant to a
petition filed under Section 8714 or 8714.5, the court entering the
decree may grant postadoption privileges when an agreement for those
privileges has been entered into pursuant to subdivision (a).
   (d) The child who is the subject of the adoption petition shall be
considered a party to the postadoption contact agreement.  The
written consent to the terms and conditions of the postadoption
contact agreement and any subsequent modifications of the agreement
by a child who is 12 years of age and older is a necessary condition
to the granting of privileges regarding visitation, contact, or
sharing of information about the child, unless the court finds by a
preponderance of the evidence that the agreement, as written, is in
the best interests of the child.  Any child who has been found to
come within Section 300 of the Welfare and Institutions Code or who
is the subject of a petition for jurisdiction of the juvenile court
under Section 300 of the Welfare and Institutions Code shall be
represented by an attorney for purposes of consent to the
postadoption contact agreement.
   (e) A postadoption contact agreement shall contain the following
warnings in bold type:
   (1) After the adoption petition has been granted by the court, the
adoption cannot be set aside due to the failure of an adopting
parent, a birth parent, a birth relative, or the child to follow the
terms of this agreement or a later change to this agreement.
   (2) A disagreement between the parties or litigation brought to
enforce or modify the agreement shall not affect the validity of the
adoption and shall not serve as a basis for orders affecting the
custody of the child.
   (3) A court will not act on a petition to change or enforce this
agreement unless the petitioner has participated, or attempted to
participate, in good faith in mediation or other appropriate dispute
resolution proceedings to resolve the dispute.
   (f) Upon the granting of the adoption petition and the issuing of
the order of adoption of a child who is a dependent of the juvenile
court, juvenile court dependency jurisdiction shall be terminated.
Enforcement of the postadoption contact agreement shall be under the
continuing jurisdiction of the court granting the petition of
adoption.  The court may not order compliance with the agreement
absent a finding that the party seeking the enforcement participated,
or attempted to participate, in good faith in mediation or other
appropriate dispute resolution proceedings regarding the conflict,
prior to the filing of the enforcement action, and that the
enforcement is in the best interests of the child.  Documentary
evidence or offers of proof may serve as the basis for the court's
decision regarding enforcement.  No testimony or evidentiary hearing
shall be required.  The court shall not order further investigation
or evaluation by any public or private agency or individual absent a
finding by clear and convincing evidence that the best interests of
the child may be protected or advanced only by such inquiry and that
the inquiry will not disturb the stability of the child's home to the
detriment of the child.
   (g) The court may not award monetary damages as a result of the
filing of the civil action pursuant to subdivision (e) of this
section.
   (h) A postadoption contact agreement may be modified or terminated
only if either of the following occurs:
   (1) All parties, including the child if the child is 12 years of
age or older at the time of the requested termination or
modification, have signed a modified postadoption contact agreement
and the agreement is filed with the court that granted the petition
of adoption.
   (2) The court finds all of the following:
   (A) The termination or modification is necessary to serve the best
interest of the child.
   (B) There has been a substantial change of circumstances since the
original agreement was executed and approved by the court.
   (C) The party seeking the termination or modification has
participated, or attempted to participate, in good faith in mediation
or other appropriate dispute resolution proceedings prior to seeking
court approval of the proposed termination or modification.
   Documentary evidence or offers of proof may serve as the basis for
the court's decision.  No testimony or evidentiary hearing shall be
required.  The court shall not order further investigation or
evaluation by any public or private agency or individual absent a
finding by clear and convincing evidence that the best interests of
the child may be protected or advanced only by such inquiry and that
the inquiry will not disturb the stability of the child's home to the
detriment of the child.
   (i) All costs and fees of mediation or other appropriate dispute
resolution proceedings shall be borne by each party, excluding the
child.  All costs and fees of litigation shall be borne by the party
filing the action to modify or enforce the agreement when no party
has been found by the court as failing to comply with an existing
postadoption contact agreement.  Otherwise, a party, other than the
child, found by the court as failing to comply without good cause
with an existing agreement shall bear all the costs and fees of
litigation.
   (j) By July 1, 2001, the Judicial Council shall adopt rules of
court and forms for motions to enforce, terminate, or modify
postadoption contact agreements.
   (k) The court shall not set aside a decree of adoption, rescind a
relinquishment, or modify an order to terminate parental rights or
any other prior court order because of the failure of a birth parent,
adoptive parent, birth relative, or the child to comply with any or
all of the original terms of, or subsequent modifications to, the
postadoption contact agreement.
  SEC. 4.5.  Section 8715 of the Family Code is amended to read:
   8715.  (a) The department or licensed adoption agency, whichever
is a party to or joins in the petition, shall submit a full report of
the facts of the case to the court.
   (b) If the child has been adjudged to be a dependent of the
juvenile court pursuant to Section 300 of the Welfare and
Institutions Code, and has thereafter been freed for adoption by the
juvenile court, the report required by this section shall describe
whether the requirements of subdivision (e) of Section 16002 of the
Welfare and Institutions Code have been completed and what, if any,
plan exists for facilitation of postadoptive contact between the
child who is the subject of the adoption petition and his or her
siblings and half-siblings.
   (c) Where a petition for adoption has been filed with a
postadoption contact agreement pursuant to Section 8714.7, the report
shall address whether the postadoption contact agreement has been
entered into voluntarily and whether it is in the best interest of
the child who is the subject of the petition.
   (d) The department may also submit a report in those cases in
which a licensed adoption agency is a party or joins in the adoption
petition.
  SEC. 5.  Section 9201 of the Family Code is amended to read:
   9201.  (a) Except as otherwise permitted or required by statute,
neither the department nor a licensed adoption agency shall release
information that would identify persons who receive, or have
received, adoption services.
   (b) Employees of the department and licensed adoption agencies
shall release to the department at Sacramento any requested
information, including identifying information, for the purposes of
recordkeeping and monitoring, evaluation, and regulation of the
provision of adoption services.
   (c) Prior to the placement of a child for adoption, the department
or licensed adoption agency may, upon the written request of both a
birth and a prospective adoptive parent, arrange for contact between
these birth and prospective adoptive parents that may include the
sharing of identifying information regarding these parents.
   (d) The department and any licensed adoption agency may, upon
written authorization for the release of specified information by the
subject of that information, share information regarding a
prospective adoptive parent or birth parent with other social service
agencies, including the department and other licensed adoption
agencies, or providers of health care as defined in Section 56.05 of
the Civil Code.
   (e) Notwithstanding any other law, the department and any licensed
adoption agency may furnish information relating to an adoption
petition or to a child in the custody of the department or any
licensed adoption agency to the juvenile court, county welfare
department, public welfare agency, private welfare agency licensed by
the department, provider of foster care services, potential adoptive
parent, or provider of health care as defined in Section 56.05 of
the Civil Code, if it is believed the child's welfare will be
promoted thereby.
   (f) The department and any licensed adoption agency may make
adoptions case records, including identifying information, available
for research purposes, provided that the research will not result in
the disclosure of the identity of the child or the parties to the
adoption to anyone other than the entity conducting the research.
  SEC. 6.  Section 9202 of the Family Code is amended to read:
   9202.  (a) Notwithstanding any other law, the department or
licensed adoption agency that made a medical report required by
Section 8706, 8817, or 8909 shall provide a copy of the medical
report, in the manner the department prescribes by regulation, to any
of the following persons upon the person's request:
   (1) A person who has been adopted pursuant to this part and who
has attained the age of 18 years or who presents a certified copy of
the person's marriage certificate.
   (2) The adoptive parent of a person under the age of 18 years who
has been adopted pursuant to this part.
   (b) A person who is denied access to a medical report pursuant to
regulations adopted pursuant to this section may petition the court
for review of the reasonableness of the department's or licensed
adoption agency's decision.
   (c) The names and addresses of any persons contained in the report
shall be removed unless the person requesting the report has
previously received the information.
  SEC. 7.  Section 9203 of the Family Code is amended to read:
   9203.  (a) The department or a licensed adoption agency shall do
the following:
   (1) Upon the request of a person who has been adopted pursuant to
this part and who has attained the age of 21 years, disclose the
identity of the person's birth parent or parents and their most
current address shown in the records of the department or licensed
adoption agency, if the birth parent or parents have indicated
consent to the disclosure in writing.
   (2) Upon the request of the birth parent of a person who has been
adopted pursuant to this part and who has attained the age of 21
years, disclose the adopted name of the adoptee and the adoptee's
most current address shown in the records of the department or
licensed adoption agency, if the adult adoptee has indicated in
writing, pursuant to the registration program developed by the
department, that the adult adoptee wishes the adult adoptee's name
and address to be disclosed.
   (3) Upon the request of the adoptive parent of a person under the
age of 21 years who has been adopted pursuant to this part, disclose
the identity of a birth parent and the birth parent's most current
address shown in the records of the department or licensed adoption
agency if the department or licensed adoption agency finds that a
medical necessity or other extraordinary circumstances justify the
disclosure.
   (b) The department shall prescribe the form of the request
required by this section.  The form shall provide for an affidavit to
be executed by the requester that to the best of the requester's
knowledge the requester is an adoptee, the adoptee's birth parent, or
the adoptee's adoptive parent.  The department may adopt regulations
requiring any additional means of identification from a requester
that it deems necessary.  The request shall advise an adoptee that if
the adoptee consents, the adoptee's adoptive parents will be
notified of the filing of the request before the release of the name
and address of the adoptee's birth parent.
   (c) Subdivision (a) is not applicable if a birth parent or an
adoptee has indicated that he or she does not wish his or her name or
address to be disclosed.
   (d) Within 20 working days of receipt of a request for information
pursuant to this section, the department shall either respond to the
request or forward the request to a licensed adoption agency that
was a party to the adoption.
   (e) Notwithstanding any other law, the department shall announce
the availability of the present method of arranging contact among an
adult adoptee, the adult adoptee's birth parents, and adoptive
parents authorized by Section 9204 utilizing a means of communication
appropriate to inform the public effectively.
   (f) The department or licensed adoption agency may charge a
reasonable fee in an amount the department establishes by regulation
to cover the costs of processing requests for information made
pursuant to subdivision (a).  The department or licensed adoption
agency shall waive fees authorized by this section for any person who
is receiving public assistance pursuant to Part 3 (commencing with
Section 11000) of Division 9 of the Welfare and Institutions Code.
The revenue resulting from the fees so charged shall be utilized by
the department or licensed adoption agency to increase existing staff
as needed to process these requests.  Fees received by the
department shall be deposited in the Adoption Information Fund.  This
revenue shall be in addition to any other funds appropriated in
support of the state adoption program.
   (g) This section applies only to adoptions in which the
relinquishment for or consent to adoption was signed or the birth
parent's rights were involuntarily terminated by court action on or
after January 1, 1984.
  SEC. 8.  Section 362 of the Welfare and Institutions Code is
amended to read:
   362.  (a) When a child is adjudged a dependent child of the court
on the ground that the child is a person described by Section 300,
the court may make any and all reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the child,
including medical treatment, subject to further order of the court.
To facilitate coordination and cooperation among government
agencies, the court may, after giving notice and an opportunity to be
heard, join in the juvenile court proceedings any agency that the
court determines has failed to meet a legal obligation to provide
services to the child.  In any proceeding in which an agency is
joined, the court shall not impose duties upon the agency beyond
those mandated by law.  Nothing in this section shall prohibit
agencies which have received notice of the hearing on joinder from
meeting prior to the hearing to coordinate services for the child.
   The court has no authority to order services unless it has been
determined through the administrative process of an agency that has
been joined as a party, that the child is eligible for those
services.  With respect to mental health assessment, treatment, and
case management services pursuant to Chapter 26.5 (commencing with
Section 7570) of Division 7 of Title 1 of the Government Code, the
court's determination shall be limited to whether the agency has
complied with that chapter.
   (b) When a child is adjudged a dependent child of the court, on
the ground that the child is a person described by Section 300 and
the court orders that a parent or guardian shall retain custody of
the child subject to the supervision of the social worker, the
parents or guardians shall be required to participate in child
welfare services or services provided by an appropriate agency
designated by the court.
   (c) The juvenile court may direct any and all reasonable orders to
the parents or guardians of the child who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out the provisions of this section, including orders
to appear before a county financial evaluation officer.  That order
may include a direction to participate in a counseling or education
program, including, but not limited to, a parent education and
parenting program operated by a community college, school district,
or other appropriate agency designated by the court.  A foster parent
or relative with whom the child is placed may be directed to
participate in such a program in cases in which the court deems
participation is appropriate and in the child's best interest.  The
program in which a parent or guardian is required to participate
shall be designed to eliminate those conditions that led to the court'
s finding that the child is a person described by Section 300.
   (d) Notwithstanding subdivision (c), no prospective adoptive
parent or birth relative, including a birth parent, shall be required
by court order to enter into a postadoption contact agreement or
into mediation or any other negotiation intended to develop a
postadoption contact agreement.
  SEC. 8.5.  Section 362 of the Welfare and Institutions Code is
amended to read:
   362.  (a) When a child is adjudged a dependent child of the court
on the ground that the child is a person described by Section 300,
the court may make any and all reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the child,
including medical treatment, subject to further order of the court.
To facilitate coordination and cooperation among government agencies
or private service providers, or both, the court may, after giving
notice and an opportunity to be heard, join in the juvenile court
proceedings any agency or private service provider that the court
determines has failed to meet a legal obligation to provide services
to the child.  In any proceeding in which an agency or private
service provider is joined, the court shall not impose duties upon
the agency or private service provider beyond those mandated by law.
Nothing in this section shall prohibit agencies or private service
providers that have received notice of the hearing on joinder from
meeting prior to the hearing to coordinate services for the child.
   The court has no authority to order services unless it has been
determined through the administrative process of an agency that has
been joined as a party, that the child is eligible for those
services.  With respect to mental health assessment, treatment, and
case management services pursuant to Chapter 26.5 (commencing with
Section 7570) of Division 7 of Title 1 of the Government
                             Code, the court's determination shall be
limited to whether the agency or private service provider has
complied with that chapter.
   (b) When a child is adjudged a dependent child of the court, on
the ground that the child is a person described by Section 300 and
the court orders that a parent or guardian shall retain custody of
the child subject to the supervision of the social worker, the
parents or guardians shall be required to participate in child
welfare services or services provided by an appropriate agency
designated by the court.
   (c) The juvenile court may direct any and all reasonable orders to
the parents or guardians of the child who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out the provisions of this section, including orders
to appear before a county financial evaluation officer.  That order
may include a direction to participate in a counseling or education
program, including, but not limited to, a parent education and
parenting program operated by a community college, school district,
or other appropriate agency designated by the court.  A foster parent
or relative with whom the child is placed may be directed to
participate in such a program in cases in which the court deems
participation is appropriate and in the child's best interest.  The
program in which a parent or guardian is required to participate
shall be designed to eliminate those conditions that led to the court'
s finding that the child is a person described by Section 300.
   (d) Notwithstanding subdivision (c), no prospective adoptive
parent or birth relative, including a birth parent, shall be required
by court order to enter into a postadoption contact agreement or
into mediation or any other negotiation intended to develop a
postadoption contact agreement.
   (e) "Private service provider" means any agency or individual that
receives federal, state, or local government funding or
reimbursement for providing services directly to foster children.
  SEC. 9.  Section 366.21 of the Welfare and Institutions Code is
amended to read:
   366.21.  (a) Every hearing conducted by the juvenile court
reviewing the status of a dependent child shall be placed on the
appearance calendar.  The court shall advise all persons present at
the hearing of the date of the future hearing and of their right to
be present and represented by counsel.
   (b) Except as provided in Section 366.23 and subdivision (a) of
Section 366.3, notice of the hearing shall be mailed by the social
worker to the same persons as in the original proceeding, to the
child's parent or legal guardian, to the foster parents, relative
caregivers, community care facility, or foster family agency having
physical custody of the child in the case of a child removed from the
physical custody of his or her parent or legal guardian, and to the
counsel of record if the counsel of record was not present at the
time that the hearing was set by the court, by first-class mail
addressed to the last known address of the person to be notified, or
shall be personally served on those persons, not earlier than 30 days
nor later than 15 days preceding the date to which the hearing was
continued.  Service of a copy of the notice personally or by
certified mail return receipt requested, or any other form of actual
notice is equivalent to service by first-class mail.
   The notice shall contain a statement regarding the nature of the
hearing to be held and any change in the custody or status of the
child being recommended by the supervising agency.  The notice to the
foster parent, relative caregiver, or a certified foster parent who
has been approved for adoption by the State Department of Social
Services when it is acting as an adoption agency in counties that are
not served by a county adoption agency or by a licensed county
adoption agency shall indicate that the foster parent, relative
caregiver, or a certified foster parent who has been approved for
adoption by the State Department of Social Services when it is acting
as an adoption agency in counties that are not served by a county
adoption agency or by a licensed county adoption agency may attend
all hearings or may submit any information he or she deems relevant
to the court in writing.
   (c) At least 10 calendar days prior to the hearing, the social
worker shall file a supplemental report with the court regarding the
services provided or offered to the parent or legal guardian to
enable him or her to assume custody and the efforts made to achieve
legal permanence for the child if efforts to reunify fail, the
progress made, and, where relevant, the prognosis for return of the
child to the physical custody of his or her parent or legal guardian,
and make his or her recommendation for disposition.  If the child is
a member of a sibling group described in paragraph (3) of
subdivision (a) of Section 361.5, the report and recommendation may
also take into account those factors described in subdivision (e)
relating to the child's sibling group.  If the recommendation is not
to return the child to a parent or legal guardian, the report shall
specify why the return of the child would be detrimental to the
child.  The social worker shall provide the parent or legal guardian
with a copy of the report, including his or her recommendation for
disposition, at least 10 calendar days prior to the hearing.  In the
case of a child removed from the physical custody of his or her
parent or legal guardian, the social worker shall provide a summary
of his or her recommendation for disposition to the counsel for the
child, any court-appointed child advocate, foster parents, relative
caregivers, certified foster parents who have been approved for
adoption by the State Department of Social Services when it is acting
as an adoption agency in counties that are not served by a county
adoption agency or by a licensed county adoption agency, community
care facility, or foster family agency having the physical custody of
the child at least 10 calendar days before the hearing.
   (d) Prior to any hearing involving a child in the physical custody
of a community care facility or foster family agency that may result
in the return of the child to the physical custody of his or her
parent or legal guardian, or in adoption or the creation of a legal
guardianship, the facility or agency shall file with the court a
report containing its recommendation for disposition.  Prior to the
hearing involving a child in the physical custody of a foster parent,
a relative caregiver, or a certified foster parent who has been
approved for adoption by the State Department of Social Services when
it is acting as an adoption agency or by a licensed adoption agency,
the foster parent, relative caregiver, or the certified foster
parent who has been approved for adoption by the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency or by a licensed
county adoption agency, may file with the court a report containing
his or her recommendation for disposition.  The court shall consider
the report and recommendation filed pursuant to this subdivision
prior to determining any disposition.
   (e) At the review hearing held six months after the initial
dispositional hearing, the court shall order the return of the child
to the physical custody of his or her parent or legal guardian unless
the court finds, by a preponderance of the evidence, that the return
of the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child.  The social worker shall have
the burden of establishing that detriment.  The failure of the parent
or legal guardian to participate regularly and make substantive
progress in court-ordered treatment programs shall be prima facie
evidence that return would be detrimental.  In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate appointed pursuant to Section 356.5; and shall
consider the efforts or progress, or both, demonstrated by the parent
or legal guardian and the extent to which he or she availed himself
or herself of services provided.
   Whether or not the child is returned to a parent or legal
guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental or would not be
detrimental.  The court also shall make appropriate findings pursuant
to subdivision (a) of Section 366; and where relevant, shall order
any additional services reasonably believed to facilitate the return
of the child to the custody of his or her parent or legal guardian.
The court shall also inform the parent or legal guardian that if the
child cannot be returned home by the 12-month permanency hearing, a
proceeding pursuant to Section 366.26 may be instituted.  This
section does not apply in a case where, pursuant to Section 361.5,
the court has ordered that reunification services shall not be
provided.
   If the child was under the age of three years on the date of the
initial removal or is a member of a sibling group described in
paragraph (3) of subdivision (a) of Section 361.5 and the court finds
by clear and convincing evidence that the parent failed to
participate regularly and make substantive progress in a
court-ordered treatment plan, the court may schedule a hearing
pursuant to Section 366.26 within 120 days.  If, however, the court
finds there is a substantial probability that the child, who was
under the age of three years on the date of initial removal or is a
member of a sibling group described in paragraph (3) of subdivision
(a) of Section 361.5, may be returned to his or her parent or legal
guardian within six months or that reasonable services have not been
provided, the court shall continue the case to the 12-month
permanency hearing.
   For the purpose of placing and maintaining a sibling group
together in a permanent home, the court, in making its determination
to schedule a hearing pursuant to Section 366.26 for some or all
members of a sibling group, as described in paragraph (3) of
subdivision (a) of Section 361.5, shall review and consider the
social worker's report and recommendations.  Factors the report shall
address, and the court shall consider, may include, but need not be
limited to, whether the sibling group was removed from parental care
as a group, the closeness and strength of the sibling bond, the ages
of the siblings, the appropriateness of maintaining the sibling group
together, the detriment to the child if sibling ties are not
maintained, the likelihood of finding a permanent home for the
sibling group, whether the sibling group is currently placed together
in a preadoptive home or has a concurrent plan goal of legal
permanency in the same home, the wishes of each child whose age and
physical and emotional condition permits a meaningful response, and
the best interest of each child in the sibling group.  The court
shall specify the factual basis for its finding that it is in the
best interest of each child to schedule a hearing pursuant to Section
366.26 in 120 days for some or all of the members of the sibling
group.
   If the child was removed initially under subdivision (g) of
Section 300 and the court finds by clear and convincing evidence that
the whereabouts of the parent are still unknown, or the parent has
failed to contact and visit the child, the court may schedule a
hearing pursuant to Section 366.26 within 120 days.  If the court
finds by clear and convincing evidence that the parent has been
convicted of a felony indicating parental unfitness, the court may
schedule a hearing pursuant to Section 366.26 within 120 days.
   If the child had been placed under court supervision with a
previously noncustodial parent pursuant to Section 361.2, the court
shall determine whether supervision is still necessary.  The court
may terminate supervision and transfer permanent custody to that
parent, as provided for by paragraph (1) of subdivision (a) of
Section 361.2.
   In all other cases, the court shall direct that any reunification
services previously ordered shall continue to be offered to the
parent or legal guardian pursuant to the time periods set forth in
subdivision (a) of Section 361.5, provided that the court may modify
the terms and conditions of those services.
   If the child is not returned to his or her parent or legal
guardian, the court shall determine whether reasonable services have
been provided or offered to the parent or legal guardian that were
designed to aid the parent or legal guardian in overcoming the
problems that led to the initial removal and the continued custody of
the child.  The court shall order that those services be initiated,
continued, or terminated.
   (f) The permanency hearing shall be held no later than 12 months
after the date the child entered foster care, as that date is
determined pursuant to subdivision (a) of Section 361.5.  At the
permanency hearing, the court shall determine the permanent plan for
the child, that shall include a determination of whether the child
will be returned to the child's home and, if so, when, within the
time limits of subdivision (a) of Section 361.5.  The court shall
order the return of the child to the physical custody of his or her
parent or legal guardian unless the court finds, by a preponderance
of the evidence, that the return of the child to his or her parent or
legal guardian would create a substantial risk of detriment to the
safety, protection, or physical or emotional well-being of the child.
  The social worker shall have the burden of establishing that
detriment.  The court shall also determine whether reasonable
services have been provided or offered to the parent or legal
guardian that were designed to aid the parent or legal guardian to
overcome the problems that led to the initial removal and continued
custody of the child.  The failure of the parent or legal guardian to
participate regularly and make substantive progress in court-ordered
treatment programs shall be prima facie evidence that return would
be detrimental.  In making its determination, the court shall review
and consider the social worker's report and recommendations and the
report and recommendations of any child advocate appointed pursuant
to Section 356.5; shall consider the efforts or progress, or both,
demonstrated by the parent or legal guardian and the extent to which
he or she availed himself or herself of services provided; and shall
make appropriate findings pursuant to subdivision (a) of Section 366.

   Whether or not the child is returned to his or her parent or legal
guardian, the court shall specify the factual basis for its
decision.  If the child is not returned to a parent or legal
guardian, the court shall specify the factual basis for its
conclusion that the return would be detrimental.  The court also
shall make a finding pursuant to subdivision (a) of Section 366.
   (g) If the time period in which the court-ordered services were
provided has met or exceeded the time period set forth in paragraph
(1), (2), or (3) of subdivision (a) of Section 361.5, as appropriate,
and a child is not returned to the custody of a parent or legal
guardian at the permanency hearing held pursuant to subdivision (f),
the court shall do one of the following:
   (1) Continue the case for up to six months for a permanency review
hearing, provided that the hearing shall occur within 18 months of
the date the child was originally taken from the physical custody of
his or her parent or legal guardian.  The court shall continue the
case only if it finds that there is a substantial probability that
the child will be returned to the physical custody of his or her
parent or legal guardian and safely maintained in the home within the
extended period of time or that reasonable services have not been
provided to the parent or legal guardian.  For the purposes of this
section, in order to find a substantial probability that the child
will be returned to the physical custody of his or her parent or
legal guardian and safely maintained in the home within the extended
period of time, the court shall be required to find all of the
following:
   (A) That the parent or legal guardian has consistently and
regularly contacted and visited with the child.
   (B) That the parent or legal guardian has made significant
progress in resolving problems that led to the child's removal from
the home.
   (C) The parent or legal guardian has demonstrated the capacity and
ability both to complete the objectives of his or her treatment plan
and to provide for the child's safety, protection, physical and
emotional well-being, and special needs.
   For purposes of this subdivision, the court's decision to continue
the case based on a finding or substantial probability that the
child will be returned to the physical custody of his or her parent
or legal guardian is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interests
of the child.
   The court shall inform the parent or legal guardian that if the
child cannot be returned home by the next permanency review hearing,
a proceeding pursuant to Section 366.36 may be instituted.  The court
shall not order that a hearing pursuant to Section 366.26 be held
unless there is clear and convincing evidence that reasonable
services have been provided or offered to the parent or legal
guardian.
   (2) Order that a hearing be held within 120 days, pursuant to
Section 366.26, but only if the court does not continue the case to
the permanency planning review hearing and there is clear and
convincing evidence that reasonable services have been provided or
offered to the parents or legal guardians.
   (3) Order that the child remain in long-term foster care, but only
if the court finds by clear and convincing evidence, based upon the
evidence already presented to it, including a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency, that there is a compelling
reason for determining that a hearing held pursuant to Section 366.26
is not in the best interest of the child because the child is not a
proper subject for adoption and has no one willing to accept legal
guardianship.  For purposes of this section, a recommendation by the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency or
by a licensed county adoption agency that adoption is not in the
best interest of the child shall constitute a compelling reason for
the court's determination.  That recommendation shall be based on the
present circumstances of the child and shall not preclude a
different recommendation at a later date if the child's circumstances
change.
   (h) In any case in which the court orders that a hearing pursuant
to Section 366.26 shall be held, it shall also order the termination
of reunification services to the parent or legal guardian.  The court
shall continue to permit the parent or legal guardian to visit the
child pending the hearing unless it finds that visitation would be
detrimental to the child.
   (i) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (1) Current search efforts for an absent parent or parents or
legal guardians.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents or legal guardians and other members
of his or her extended family since the time of placement.  Although
the extended family of each child shall be reviewed on a
case-by-case basis, "extended family" for the purpose of this
paragraph shall include, but not be limited to, the child's siblings,
grandparents, aunts, and uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship.  If a proposed guardian is a relative
of the minor, and the relative was assessed for foster care placement
of the minor prior to January 1, 1998, the assessment shall also
consider, but need not be limited to, all of the factors specified in
subdivision (a) of Section 361.3.
   (5) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the child concerning placement and the adoption
or guardianship, unless the child's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (j) If, at any hearing held pursuant to Section 366.26, a
guardianship is established for the minor with a relative, and
juvenile court dependency is subsequently dismissed, the relative
shall be eligible for aid under the Kin-GAP program as provided in
Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of
Division 9.
   (k) As used in this section, "relative" means an adult who is
related to the minor by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
   (l) For purposes of this section, evidence of any of the following
circumstances shall not, in and of themselves, be deemed a failure
to provide or offer reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
   (3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently with
services to reunify the family.
  SEC. 10.  Section 366.22 of the Welfare and Institutions Code is
amended to read:
   366.22.  (a) When a case has been continued pursuant to paragraph
(1) of subdivision (g) of Section 366.21, the permanency review
hearing shall occur within 18 months after the date the child was
originally removed from the physical custody of his or her parent or
legal guardian.  The court shall order the return of the child to the
physical custody of his or her parent or legal guardian unless the
court finds, by a preponderance of the evidence, that the return of
the child to his or her parent or legal guardian would create a
substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child.  The social worker shall have
the burden of establishing that detriment.  The failure of the parent
or legal guardian to participate regularly and make substantive
progress in court-ordered treatment programs shall be prima facie
evidence that return would be detrimental.  In making its
determination, the court shall review and consider the social worker'
s report and recommendations and the report and recommendations of
any child advocate appointed pursuant to Section 356.5; shall
consider the efforts or progress, or both, demonstrated by the parent
or legal guardian and the extent to which he or she availed himself
or herself of services provided; and shall make appropriate findings
pursuant to subdivision (a) of Section 366.
   Whether or not the child is returned to his or her parent or legal
guardian, the court shall specify the factual basis for its
decision.  If the child is not returned to a parent or legal
guardian, the court shall specify the factual basis for its
conclusion that return would be detrimental.
   If the child is not returned to a parent or legal guardian at the
permanency review hearing, the court shall order that a hearing be
held pursuant to Section 366.26 in order to determine whether
adoption, guardianship, or long-term foster care is the most
appropriate plan for the child.  However, if the court finds by clear
and convincing evidence, based on the evidence already presented to
it, including a recommendation by the State Department of Social
Services when it is acting as an adoption agency in counties that are
not served by a county adoption agency or by a licensed county
adoption agency, that there is a compelling reason, as described in
paragraph (2) of subdivision (g) of Section 366.21, for determining
that a hearing held under Section 366.26 is not in the best interest
of the child because the child is not a proper subject for adoption
and has no one willing to accept legal guardianship, then the court
may, only under these circumstances, order that the child remain in
long-term foster care.  The hearing shall be held no later than 120
days from the date of the permanency review hearing.  The court shall
also order termination of reunification services to the parent or
legal guardian.  The court shall continue to permit the parent or
legal guardian to visit the child unless it finds that visitation
would be detrimental to the child.  The court shall determine whether
reasonable services have been offered or provided to the parent or
legal guardian.  For purposes of this subdivision, evidence of any of
the following circumstances shall not, in and of themselves, be
deemed a failure to provide or offer reasonable services:
   (1) The child has been placed with a foster family that is
eligible to adopt a child, or has been placed in a preadoptive home.

   (2) The case plan includes services to make and finalize a
permanent placement for the child if efforts to reunify fail.
   (3) Services to make and finalize a permanent placement for the
child, if efforts to reunify fail, are provided concurrently
                                            with services to reunify
the family.
   (b) Whenever a court orders that a hearing pursuant to Section
366.26 shall be held, it shall direct the agency supervising the
child and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount of and nature of any contact between
the child and his or her parents and other members of his or her
extended family since the time of placement.  Although the extended
family of each child shall be reviewed on a case-by-case basis,
"extended family" for the purposes of this paragraph shall include,
but not be limited to, the child's siblings, grandparents, aunts, and
uncles.
   (3) An evaluation of the child's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or legal guardian,
particularly the caretaker, to include a social history including
screening for criminal records and prior referrals for child abuse or
neglect, the capability to meet the child's needs, and the
understanding of the legal and financial rights and responsibilities
of adoption and guardianship.  If a proposed legal guardian is a
relative of the minor, and the relative was assessed for foster care
placement of the minor prior to January 1, 1998, the assessment shall
also consider, but need not be limited to, all of the factors
specified in subdivision (a) of Section 361.3.
   (5) The relationship of the child to any identified prospective
adoptive parent or legal guardian, the duration and character of the
relationship, the motivation for seeking adoption or legal
guardianship, and a statement from the child concerning placement and
the adoption or legal guardianship, unless the child's age or
physical, emotional, or other condition precludes his or her
meaningful response, and if so, a description of the condition.
   (6) An analysis of the likelihood that the child will be adopted
if parental rights are terminated.
   (c) This section shall become operative January 1, 1999.  If at
any hearing held pursuant to Section 366.26, a legal guardianship is
established for the minor with a relative, and juvenile court
dependency is subsequently dismissed, the relative shall be eligible
for aid under the Kin-GAP program as provided in Article 4.5
(commencing with Section 11360) of Chapter 2 of Part 3 of Division 9.

   (d) As used in this section, "relative" means an adult who is
related to the child by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all
relatives whose status is preceded by the words "great,"
"great-great," or "grand," or the spouse of any of those persons even
if the marriage was terminated by death or dissolution.
  SEC. 11.  Section 366.24 of the Welfare and Institutions Code is
repealed.
  SEC. 12.  Section 366.25 of the Welfare and Institutions Code is
repealed.
  SEC. 13.  Section 366.26 of the Welfare and Institutions Code is
amended to read:
   366.26.  (a) This section applies to children who are adjudged
dependent children of the juvenile court pursuant to subdivision (c)
of Section 360.  The procedures specified herein are the exclusive
procedures for conducting these hearings; Part 2 (commencing with
Section 3020) of Division 8 of the Family Code is not applicable to
these proceedings.  Section 8714.7 of the Family Code is applicable
and available to all dependent children meeting the requirements of
that section, if the postadoption contact agreement has been entered
into voluntarily.  For children who are adjudged dependent children
of the juvenile court pursuant to subdivision (c) of Section 360,
this section and Sections 8604, 8605, 8606, and 8700 of the Family
Code and Chapter 5 (commencing with Section 7660) of Part 3 of
Division 12 of the Family Code specify the exclusive procedures for
permanently terminating parental rights with regard to, or
establishing legal guardianship of, the child while the child is a
dependent child of the juvenile court.
   (b) At the hearing, that shall be held in juvenile court for all
children who are dependents of the juvenile court, the court, in
order to provide stable, permanent homes for these children, shall
review the report as specified in Section 361.5, 366.21, or 366.22,
shall indicate that the court has read and considered it, shall
receive other evidence that the parties may present, and then shall
make findings and orders in the following order of preference:
   (1) Terminate the rights of the parent or parents and order that
the child be placed for adoption and, upon the filing of a petition
for adoption in the juvenile court, order that a hearing be set.  The
court shall proceed with the adoption after the appellate rights of
the natural parents have been exhausted.
   (2) On making a finding under paragraph (3) of subdivision (c),
identify adoption as the permanent placement goal and order that
efforts be made to locate an appropriate adoptive family for the
child within a period not to exceed 180 days.
   (3) Appoint a legal guardian for the child and order that letters
of guardianship issue.
   (4) Order that the child be placed in long-term foster care,
subject to the periodic review of the juvenile court under Section
366.3.
   In choosing among the above alternatives the court shall proceed
pursuant to subdivision (c).
   (c) (1) If the court determines, based on the assessment provided
as ordered under subdivision (i) of Section 366.21 or subdivision (b)
of Section 366.22, and any other relevant evidence, by a clear and
convincing standard, that it is likely the child will be adopted, the
court shall terminate parental rights and order the child placed for
adoption.  The fact that the child is not yet placed in a
preadoptive home nor with a relative or foster family who is prepared
to adopt the child, shall not constitute a basis for the court to
conclude that it is not likely the child will be adopted.  A finding
under subdivision (b) or paragraph (1) of subdivision (e) of Section
361.5 that reunification services shall not be offered, under
subdivision (e) of Section 366.21 that the whereabouts of a parent
have been unknown for six months or that the parent has failed to
visit or contact the child for six months or that the parent has been
convicted of a felony indicating parental unfitness, or, under
Section 366.21 or 366.22, that the court has continued to remove the
child from the custody of the parent or guardian and has terminated
reunification services, shall constitute a sufficient basis for
termination of parental rights unless the court finds a compelling
reason for determining that termination would be detrimental to the
child due to one or more of the following circumstances:
   (A) The parents or guardians have maintained regular visitation
and contact with the child and the child would benefit from
continuing the relationship.
   (B) A child 12 years of age or older objects to termination of
parental rights.
   (C) The child is placed in a residential treatment facility,
adoption is unlikely or undesirable, and continuation of parental
rights will not prevent finding the child a permanent family
placement if the parents cannot resume custody when residential care
is no longer needed.
   (D) The child is living with a relative or foster parent who is
unable or unwilling to adopt the child because of exceptional
circumstances, that do not include an unwillingness to accept legal
or financial responsibility for the child, but who is willing and
capable of providing the child with a stable and permanent
environment and the removal of the child from the physical custody of
his or her relative or foster parent would be detrimental to the
emotional well-being of the child.  This subparagraph does not apply
to any child who is living with a nonrelative and who is either (i)
under six years of age or (ii) a member of a sibling group where at
least one child is under six years of age and the siblings are, or
should be, permanently placed together.
   If the court finds that termination of parental rights would be
detrimental to the child pursuant to subparagraph (A), (B), (C), or
(D), it shall state its reasons in writing or on the record.
   (2) The court shall not terminate parental rights if at each and
every hearing at which the court was required to consider reasonable
efforts or services, the court has found that reasonable efforts were
not made or that reasonable services were not offered or provided.
   (3) If the court finds that termination of parental rights would
not be detrimental to the child pursuant to paragraph (1) and that
the child has a probability for adoption but is difficult to place
for adoption and there is no identified or available prospective
adoptive parent, the court may identify adoption as the permanent
placement goal and without terminating parental rights, order that
efforts be made to locate an appropriate adoptive family for the
child within a period not to exceed 180 days.  During this 180-day
period, the public agency responsible for seeking adoptive parents
for each child shall, to the extent possible, contact other private
and public adoption agencies regarding the availability of the child
for adoption.  During the 180-day period, the public agency shall
conduct the search for adoptive parents in the same manner as
prescribed for children in Sections 8708 and 8709 of the Family Code.
  At the expiration of this period, another hearing shall be held and
the court shall proceed pursuant to paragraph (1), (3), or (4) of
subdivision (b).  For purposes of this section, a child may only be
found to be difficult to place for adoption if there is no identified
or available prospective adoptive parent for the child because of
the child's membership in a sibling group, or the presence of a
diagnosed medical, physical, or mental handicap, or the child is the
age of seven years or more.
   (4) If the court finds that adoption of the child or termination
of parental rights is not in the best interest of the child, because
one of the conditions in subparagraph (A), (B), (C), or (D) of
paragraph (1) or in paragraph (2) applies, the court shall either
order that the present caretakers or other appropriate persons shall
become legal guardians of the child or order that the child remain in
long-term foster care.  Legal guardianship shall be considered
before long-term foster care, if it is in the best interests of the
child and if a suitable guardian can be found.  When the child is
living with a relative or a foster parent who is willing and capable
of providing a stable and permanent environment, but not willing to
become a legal guardian, the child shall not be removed from the home
if the court finds the removal would be seriously detrimental to the
emotional well-being of the child because the child has substantial
psychological ties to the relative caretaker or foster parents.  The
court shall also make an order for visitation with the parents or
guardians unless the court finds by a preponderance of the evidence
that the visitation would be detrimental to the physical or emotional
well-being of the child.
   (5) If the court finds that the child should not be placed for
adoption, that legal guardianship shall not be established, and that
there are no suitable foster parents except exclusive-use homes
available to provide the child with a stable and permanent
environment, the court may order the care, custody, and control of
the child transferred from the county welfare department to a
licensed foster family agency.  The court shall consider the written
recommendation of the county welfare director regarding the
suitability of the transfer.  The transfer shall be subject to
further court orders.
   The licensed foster family agency shall place the child in a
suitable licensed or exclusive-use home which has been certified by
the agency as meeting licensing standards.  The licensed foster
family agency shall be responsible for supporting the child and for
providing appropriate services to the child, including those services
ordered by the court.  Responsibility for the support of the child
shall not, in and of itself, create liability on the part of the
foster family agency to third persons injured by the child.  Those
children whose care, custody, and control are transferred to a foster
family agency shall not be eligible for foster care maintenance
payments or child welfare services, except for emergency response
services pursuant to Section 16504.
   (d) The proceeding for the appointment of a guardian for a child
who is a dependent of the juvenile court shall be in the juvenile
court.  If the court finds pursuant to this section that legal
guardianship is the appropriate permanent plan, it shall appoint the
legal guardian and issue letters of guardianship.  The assessment
prepared pursuant to subdivision (g) of Section 361.5, subdivision
(i) of Section 366.21, and subdivision (b) of Section 366.22 shall be
read and considered by the court prior to the appointment, and this
shall be reflected in the minutes of the court.  The person preparing
the assessment may be called and examined by any party to the
proceeding.
   (e) The proceeding for the adoption of a child who is a dependent
of the juvenile court shall be in the juvenile court if the court
finds pursuant to this section that adoption is the appropriate
permanent plan and the petition for adoption is filed in the juvenile
court.  Upon the filing of a petition for adoption, the juvenile
court shall order that an adoption hearing be set.  The court shall
proceed with the adoption after the appellate rights of the natural
parents have been exhausted.  The full report required by Section
8715 of the Family Code shall be read and considered by the court
prior to the adoption and this shall be reflected in the minutes of
the court.  The person preparing the report may be called and
examined by any party to the proceeding.  It is the intent of the
Legislature, pursuant to this subdivision, to give potential adoptive
parents the option of filing in the juvenile court the petition for
the adoption of a child who is a dependent of the juvenile court.
Nothing in this section is intended to prevent the filing of a
petition for adoption in any other court as permitted by law, instead
of in the juvenile court.
   (f) At the beginning of any proceeding pursuant to this section,
if the child or the parents are not being represented by previously
retained or appointed counsel, the court shall proceed as follows:
   (1) The court shall consider whether the interests of the child
require the appointment of counsel.  If the court finds that the
interests of the child do require this protection, the court shall
appoint counsel to represent the child.  If the court finds that the
interests of the child require the representation of counsel, counsel
shall be appointed whether or not the child is able to afford
counsel.  The child shall not be present in court unless the child or
the child's counsel so requests or the court so orders.
   (2) If a parent appears without counsel and is unable to afford
counsel, the court shall appoint counsel for the parent, unless this
representation is knowingly and intelligently waived.  The same
counsel shall not be appointed to represent both the child and his or
her parent.  The public defender or private counsel may be appointed
as counsel for the parent.
   (3) Private counsel appointed under this section shall receive a
reasonable sum for compensation and expenses, the amount of which
shall be determined by the court.  The amount shall be paid by the
real parties in interest, other than the child, in any proportions
the court deems just.  However, if the court finds that any of the
real parties in interest are unable to afford counsel, the amount
shall be paid out of the general fund of the county.
   (g) The court may continue the proceeding for not to exceed 30
days as necessary to appoint counsel, and to enable counsel to become
acquainted with the case.
   (h) At all proceedings under this section, the court shall
consider the wishes of the child and shall act in the best interests
of the child.
   The testimony of the child may be taken in chambers and outside
the presence of the child's parent or parents if the child's parent
or parents are represented by counsel, the counsel is present, and
any of the following circumstances exist:
   (1) The court determines that testimony in chambers is necessary
to ensure truthful testimony.
   (2) The child is likely to be intimidated by a formal courtroom
setting.
   (3) The child is afraid to testify in front of his or her parent
or parents.
   After testimony in chambers, the parent or parents of the child
may elect to have the court reporter read back the testimony or have
the testimony summarized by counsel for the parent or parents.
   The testimony of a child also may be taken in chambers and outside
the presence of the guardian or guardians of a child under the
circumstances specified in this subdivision.
   (i) Any order of the court permanently terminating parental rights
under this section shall be conclusive and binding upon the child,
upon the parent or parents and upon all other persons who have been
served with citation by publication or otherwise as provided in this
chapter.  After making the order, the court shall have no power to
set aside, change, or modify it, but nothing in this section shall be
construed to limit the right to appeal the order.
   (j) If the court, by order or judgment declares the child free
from the custody and control of both parents, or one parent if the
other does not have custody and control, the court shall at the same
time order the child referred to the State Department of Social
Services or a licensed adoption agency for adoptive placement by the
agency.  However, no petition for adoption may be granted until the
appellate rights of the natural parents have been exhausted.  The
State Department of Social Services or licensed adoption agency shall
be responsible for the custody and supervision of the child and
shall be entitled to the exclusive care and control of the child at
all times until a petition for adoption is granted.  With the consent
of the agency, the court may appoint a guardian of the child, who
shall serve until the child is adopted.
   (k) Notwithstanding any other provision of law, the application of
any person who, as a relative caretaker or foster parent, has cared
for a dependent child for whom the court has approved a permanent
plan for adoption, or who has been freed for adoption, shall be given
preference with respect to that child over all other applications
for adoptive placement if the agency making the placement determines
that the child has substantial emotional ties to the relative
caretaker or foster parent and removal from the relative caretaker or
foster parent would be seriously detrimental to the child's
emotional well-being.
   As used in this subdivision, "preference" means that the
application shall be processed and, if satisfactory, the family study
shall be completed before the processing of the application of any
other person for the adoptive placement of the child.
   (l) (1) An order by the court that a hearing pursuant to this
section be held is not appealable at any time unless all of the
following applies:
   (A) A petition for extraordinary writ review was filed in a timely
manner.
   (B) The petition substantively addressed the specific issues to be
challenged and supported that challenge by an adequate record.
   (C) The petition for extraordinary writ review was summarily
denied or otherwise not decided on the merits.
   (2) Failure to file a petition for extraordinary writ review
within the period specified by rule, to substantively address the
specific issues challenged, or to support that challenge by an
adequate record shall preclude subsequent review by appeal of the
findings and orders made pursuant to this section.
   (3) The Judicial Council shall adopt rules of court, effective
January 1, 1995, to ensure all of the following:
   (A) A trial court, after issuance of an order directing a hearing
pursuant to this section be held, shall advise all parties of the
requirement of filing a petition for extraordinary writ review as set
forth in this subdivision in order to preserve any right to appeal
in these issues.  This notice shall be made orally to a party if they
are present at the time of the making of the order or by first-class
mail by the clerk of the court to the last known address of a party
not present at the time of the making of the order.
   (B) The prompt transmittal of the records from the trial court to
the appellate court.
   (C) That adequate time requirements for counsel and court
personnel exist to implement the objective of this subdivision.
   (D) That the parent or guardian, or their trial counsel or other
counsel, is charged with the responsibility of filing a petition for
extraordinary writ relief pursuant to this subdivision.
   (4) The intent of this subdivision is to do both of the following:

   (A) Make every reasonable attempt to achieve a substantive and
meritorious review by the appellate court within the time specified
in Sections 366.21 and 366.22 for holding a hearing pursuant to this
section.
   (B) Encourage the appellate court to determine all writ petitions
filed pursuant to this subdivision on their merits.
   (5) This subdivision shall only apply to cases in which an order
to set a hearing pursuant to this section is issued on or after
January 1, 1995.
   (m) Except for subdivision (j), this section shall also apply to
minors adjudged wards pursuant to Section 727.31.
  SEC. 14.  Section 366.3 of the Welfare and Institutions Code is
amended to read:
   366.3.  (a) If a juvenile court orders a permanent plan of
adoption or legal guardianship pursuant to Section 360 or 366.26, the
court shall retain jurisdiction over the child until the child is
adopted or the legal guardianship is established.  The status of the
child shall be reviewed every six months to ensure that the adoption
or legal guardianship is completed as expeditiously as possible.
When the adoption of the child has been granted, the court shall
terminate its jurisdiction over the child.  Following establishment
of a legal guardianship, the court may continue jurisdiction over the
child as a dependent child of the juvenile court following the
establishment of a legal guardianship or may terminate its dependency
jurisdiction and retain jurisdiction over the child as a ward of the
legal guardianship, as authorized by Section 366.4.  If, however, a
relative of the child is appointed the legal guardian of the child
and the child has been placed with the relative for at least 12
months, the court shall, except where the relative guardian objects,
or upon a finding of exceptional circumstances, terminate its
dependency jurisdiction and retain jurisdiction over the child as a
ward of the legal guardianship, as authorized by Section 366.4.
Following a termination of parental rights the parent or parents
shall not be a party to, or receive notice of, any subsequent
proceedings regarding the child.
   (b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact.  The court may vacate its previous order dismissing
dependency jurisdiction over the child.
   Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a legal guardianship which has been granted pursuant to
Section 360 or 366.26 shall be held in the juvenile court, unless the
termination is due to the emancipation or adoption of the child.
Prior to the hearing on a petition to terminate legal guardianship
pursuant to this paragraph, the court shall order the county
department of social services or welfare department to prepare a
report, for the court's consideration, that shall include an
evaluation of whether the child could safely remain in the guardian's
home, without terminating the legal guardianship, if services were
provided to the child or legal guardian.  If applicable, the report
shall also identify recommended services to maintain the legal
guardianship and set forth a plan for providing those services.  If
the petition to terminate legal guardianship is granted, the juvenile
court may resume dependency jurisdiction over the child, and may
order the county department of social services or welfare department
to develop a new permanent plan, which shall be presented to the
court within 60 days of the termination.  If no dependency
jurisdiction has attached, the social worker shall make any
investigation he or she deems necessary to determine whether the
child may be within the jurisdiction of the juvenile court, as
provided in Section 328.
   Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the legal guardianship
has been revoked or terminated and shall be entitled to participate
in the new permanency planning hearing.  The court shall try to place
the child in another permanent placement.  At the hearing, the
parents may be considered as custodians but the child shall not be
returned to the parent or parents unless they prove, by a
preponderance of the evidence, that reunification is the best
alternative for the child.  The court may, if it is in the best
interests of the child, order that reunification services again be
provided to the parent or parents.
   (c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption may be an appropriate plan for the child, the
department shall so notify the court.  The court may vacate its
previous order dismissing dependency jurisdiction over the child and
order that a hearing be held pursuant to Section 366.26 to determine
whether adoption or continued legal guardianship is the most
appropriate plan for the child.  The hearing shall be held no later
than 120 days from the date of the order.  Whenever the court orders
that a hearing shall be
    held pursuant to Section 366.26, the court shall direct the
agency supervising the child and the licensed county adoption agency,
or the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment under subdivision (b) of Section
366.22.
   (d) If the child is in a placement other than the home of a legal
guardian and jurisdiction has not been dismissed, the status of the
child shall be reviewed at least every six months.  The review of the
status of a child for whom the court has ordered parental rights
terminated and who has been ordered placed for adoption shall be
conducted by the court.  The review of the status of a child for whom
the court has not ordered parental rights terminated and who has not
been ordered placed for adoption may be conducted by the court or an
appropriate local agency.  The court shall conduct the review under
the following circumstances:
   (1) Upon the request of the child's parents or legal guardians.
   (2) Upon the request of the child.
   (3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the child remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.26, or subdivision (g).
   (4) It has been 12 months since a review was conducted by the
court.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   (e) Except as provided in subdivision (f), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
   (1) The continuing necessity for and appropriateness of the
placement.
   (2) The continuing appropriateness and extent of compliance with
the permanent plan for the child.
   (3) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts to return the child
to a safe home and to complete whatever steps are necessary to
finalize the permanent placement of the child.
   (4) The adequacy of services provided to the child.
   (5) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.
   (6) The likely date by which the child may be returned to and
safely maintained in the home, placed for adoption, legal
guardianship, or in another planned permanent living arrangement.
   (7) For a child who is 16 years of age or older, the services
needed to assist the child to make the transition from foster care to
independent living.
   The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
   Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
   Unless their parental rights have been permanently terminated, the
parent or parents of the child are entitled to receive notice of,
and participate in, those hearings.  It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child.  In those cases, the court may order that further
reunification services to return the child to a safe home environment
be provided to the parent or parents for a period not to exceed six
months.
   (f) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, the
county welfare department shall prepare and present to the court a
report describing the following:
   (1) The child's present placement.
   (2) The child's current physical, mental, emotional, and
educational status.
   (3) Whether the child has been placed with a prospective adoptive
parent or parents.
   (4) Whether an adoptive placement agreement has been signed and
filed.
   (5) The progress of the search for an adoptive placement if one
has not been identified.
   (6) Any impediments to the adoption or the adoptive placement.
   (7) The anticipated date by which the child will be adopted, or
placed in an adoptive home.
   (8) The anticipated date by which an adoptive placement agreement
will be signed.
   (9) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
   (g) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or appointed
a legal guardian, or whether the child should remain in long-term
foster care.  The court shall order that a hearing be held pursuant
to Section 366.26 unless it determines by clear and convincing
evidence, that there is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interest
of the child because the child is being returned to the home of the
parent, the child is not a proper subject for adoption, or no one is
willing to accept legal guardianship.  If the licensed county
adoption agency, or the department when it is acting as an adoption
agency in counties that are not served by a county adoption agency,
has determined it is unlikely that the child will be adopted or one
of the conditions described in paragraph (1) of subdivision (c) of
Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision.  Only upon that
determination may the court order that the child remain in long-term
foster care, without holding a hearing pursuant to Section 366.26.
   (h) If, as authorized by subdivision (g), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22.  A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption, legal
guardianship, or long-term foster care is the most appropriate plan
for the child.
  SEC. 14.1.  Section 366.3 of the Welfare and Institutions Code is
amended to read:
   366.3.  (a) If a juvenile court orders a permanent plan of
adoption or legal guardianship pursuant to Section 360 or 366.26, the
court shall retain jurisdiction over the child until the child is
adopted or the legal guardianship is established.  The status of the
child shall be reviewed every six months to ensure that the adoption
or legal guardianship is completed as expeditiously as possible.
When the adoption of the child has been granted, the court shall
terminate its jurisdiction over the child.  Following establishment
of a legal guardianship, the court may continue jurisdiction over the
child as a dependent child of the juvenile court following the
establishment of a legal guardianship or may terminate its dependency
jurisdiction and retain jurisdiction over the child as a ward of the
guardianship, as authorized by Section 366.4.  If, however, a
relative of the child is appointed the legal guardian of the child
and the child has been placed with the relative for at least 12
months, the court shall, except where the relative guardian objects,
or upon a finding of exceptional circumstances, terminate its
dependency jurisdiction and retain jurisdiction over the child as a
ward of the legal guardianship, as authorized by Section 366.4.
Following a termination of parental rights the parent or parents
shall not be a party to, or receive notice of, any subsequent
proceedings regarding the child.
   (b) If the court has dismissed dependency jurisdiction following
the establishment of a legal guardianship, or no dependency
jurisdiction attached because of the granting of a legal guardianship
pursuant to Section 360, and the legal guardianship is subsequently
revoked or otherwise terminated, the county department of social
services or welfare department shall notify the juvenile court of
this fact.  The court may vacate its previous order dismissing
dependency jurisdiction over the child.
   Notwithstanding Section 1601 of the Probate Code, the proceedings
to terminate a legal guardianship which has been granted pursuant to
Section 360 or 366.26 shall be held in the juvenile court, unless the
termination is due to the emancipation or adoption of the child.
Prior to the hearing on a petition to terminate legal guardianship
pursuant to this paragraph, the court shall order the county
department of social services or welfare department to prepare a
report, for the court's consideration, that shall include an
evaluation of whether the child could safely remain in the guardian's
home, without terminating the legal guardianship, if services were
provided to the child or legal guardian.  If applicable, the report
shall also identify recommended services to maintain the guardianship
and set forth a plan for providing those services.  If the petition
to terminate legal guardianship is granted, the juvenile court may
resume dependency jurisdiction over the child, and may order the
county department of social services or welfare department to develop
a new permanent plan, which shall be presented to the court within
60 days of the termination.  If no dependency jurisdiction has
attached, the social worker shall make any investigation he or she
deems necessary to determine whether the child may be within the
jurisdiction of the juvenile court, as provided in Section 328.
   Unless the parental rights of the child's parent or parents have
been terminated, they shall be notified that the legal guardianship
has been revoked or terminated and shall be entitled to participate
in the new permanency planning hearing.  The court shall try to place
the child in another permanent placement.  At the hearing, the
parents may be considered as custodians but the child shall not be
returned to the parent or parents unless they prove, by a
preponderance of the evidence, that reunification is the best
alternative for the child.  The court may, if it is in the best
interests of the child, order that reunification services again be
provided to the parent or parents.
   (c) If, following the establishment of a legal guardianship, the
county welfare department becomes aware of changed circumstances that
indicate adoption may be an appropriate plan for the child, the
department shall so notify the court.  The court may vacate its
previous order dismissing dependency jurisdiction over the child and
order that a hearing be held pursuant to Section 366.26 to determine
whether adoption or continued legal guardianship is the most
appropriate plan for the child.  The hearing shall be held no later
than 120 days from the date of the order.  Whenever the court orders
that a hearing shall be held pursuant to Section 366.26, the court
shall direct the agency supervising the child and the licensed county
adoption agency, or the State Department of Social Services when it
is acting as an adoption agency in counties that are not served by a
county adoption agency, to prepare an assessment under subdivision
(b) of Section 366.22.
   (d) If the child is in a placement other than the home of a legal
guardian and jurisdiction has not been dismissed, the status of the
child shall be reviewed at least every six months.  The review of the
status of a child for whom the court has ordered parental rights
terminated and who has been ordered placed for adoption shall be
conducted by the court.  The review of the status of a child for whom
the court has not ordered parental rights terminated and who has not
been ordered placed for adoption may be conducted by the court or an
appropriate local agency.  The court shall conduct the review under
the following circumstances:
   (1) Upon the request of the child's parents or legal guardians.
   (2) Upon the request of the child.
   (3) It has been 12 months since a hearing held pursuant to Section
366.26 or an order that the child remain in long-term foster care
pursuant to Section 366.21, 366.22, 366.26, or subdivision (g).
   (4) It has been 12 months since a review was conducted by the
court.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   (e) Except as provided in subdivision (f), at the review held
every six months pursuant to subdivision (d), the reviewing body
shall inquire about the progress being made to provide a permanent
home for the child, shall consider the safety of the child, and shall
determine all of the following:
   (1) The continuing necessity for and appropriateness of the
placement.
   (2) The continuing appropriateness and extent of compliance with
the permanent plan for the child.
   (3) The extent of the agency's compliance with the child welfare
services case plan in making reasonable efforts to return the child
to a safe home and to complete whatever steps are necessary to
finalize the permanent placement of the child.
   (4) The adequacy of services provided to the child.
   (5) The extent of progress the parents or legal guardians have
made toward alleviating or mitigating the causes necessitating
placement in foster care.
   (6) The likely date by which the child may be returned to and
safely maintained in the home, placed for adoption, legal
guardianship, or in another planned permanent living arrangement.
   (7) Whether the child has any siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (A) The nature of the relationship between the child and his or
her siblings.
   (B) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (C) If the siblings are not placed together in the same home, why
the siblings are not placed together and what efforts are being made
to place the siblings together, or why those efforts are not
appropriate.
   (D) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (E) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   The factors the court may consider as indicators of the nature of
the child's sibling relationships include, but are not limited to,
whether the siblings were raised together in the same home, whether
the siblings have shared significant common experiences or have
existing close and strong bonds, whether either sibling expresses a
desire to visit or live with his or her sibling, as applicable, and
whether ongoing contact is in the child's best emotional interests.

   (8) For a child who is 16 years of age or older, the services
needed to assist the child to make the transition from foster care to
independent living.
   The reviewing body shall determine whether or not reasonable
efforts to make and finalize a permanent placement for the child have
been made.
   Each licensed foster family agency shall submit reports for each
child in its care, custody, and control to the court concerning the
continuing appropriateness and extent of compliance with the child's
permanent plan, the extent of compliance with the case plan, and the
type and adequacy of services provided to the child.
   Unless their parental rights have been permanently terminated, the
parent or parents of the child are entitled to receive notice of,
and participate in, those hearings.  It shall be presumed that
continued care is in the best interests of the child, unless the
parent or parents prove, by a preponderance of the evidence, that
further efforts at reunification are the best alternative for the
child.  In those cases, the court may order that further
reunification services to return the child to a safe home environment
be provided to the parent or parents for a period not to exceed six
months.
   (f) At the review conducted by the court and held at least every
six months, regarding a child for whom the court has ordered parental
rights terminated and who has been ordered placed for adoption, the
county welfare department shall prepare and present to the court a
report describing the following:
   (1) The child's present placement.
   (2) The child's current physical, mental, emotional, and
educational status.
   (3) Whether the child has been placed with a prospective adoptive
parent or parents.
   (4) Whether an adoptive placement agreement has been signed and
filed.
   (5) Whether the final adoption order should include provisions for
postadoptive sibling contact pursuant to Section 366.29.
   (6) The progress of the search for an adoptive placement if one
has not been identified.
   (7) Any impediments to the adoption or the adoptive placement.
   (8) The anticipated date by which the child will be adopted, or
placed in an adoptive home.
   (9) The anticipated date by which an adoptive placement agreement
will be signed.
   (10) Recommendations for court orders that will assist in the
placement of the child for adoption or in the finalization of the
adoption.
   The court shall determine whether or not reasonable efforts to
make and finalize a permanent placement for the child have been made.

   The court shall make appropriate orders to protect the stability
of the child and to facilitate and expedite the permanent placement
and adoption of the child.
   (g) At the review held pursuant to subdivision (d) for a child in
long-term foster care, the court shall consider all permanency
planning options for the child including whether the child should be
returned to the home of the parent, placed for adoption, or appointed
a legal guardian, or whether the child should remain in long-term
foster care.  The court shall order that a hearing be held pursuant
to Section 366.26 unless it determines by clear and convincing
evidence, that there is a compelling reason for determining that a
hearing held pursuant to Section 366.26 is not in the best interest
of the child because the child is being returned to the home of the
parent, the child is not a proper subject for adoption, or no one is
willing to accept legal guardianship.  If the licensed county
adoption agency, or the department when it is acting as an adoption
agency in counties that are not served by a county adoption agency,
has determined it is unlikely that the child will be adopted or one
of the conditions described in paragraph (1) of subdivision (c) of
Section 366.26 applies, that fact shall constitute a compelling
reason for purposes of this subdivision.  Only upon that
determination may the court order that the child remain in long-term
foster care, without holding a hearing pursuant to Section 366.26.
   (h) If, as authorized by subdivision (g), the court orders a
hearing pursuant to Section 366.26, the court shall direct the agency
supervising the child and the licensed county adoption agency, or
the State Department of Social Services when it is acting as an
adoption agency in counties that are not served by a county adoption
agency, to prepare an assessment as provided for in subdivision (i)
of Section 366.21 or subdivision (b) of Section 366.22.  A hearing
held pursuant to Section 366.26 shall be held no later than 120 days
from the date of the 12-month review at which it is ordered, and at
that hearing the court shall determine whether adoption, legal
guardianship, or long-term foster care is the most appropriate plan
for the child.
  SEC. 15.  Section 8.5 of this bill incorporates amendments to
Section 362 of the Welfare and Institutions Code proposed by both
this bill and SB 1611.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 362 of the Welfare and Institutions
Code, (3) this bill is enacted after SB 1611, in which case Section 8
of this bill shall not become operative.
  SEC. 16.  Section 14.5 of this bill incorporates amendments to
Section 366.3 of the Welfare and Institutions Code proposed by both
this bill and AB 1987.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2001,
(2) each bill amends Section 366.3 of the Welfare and Institutions
Code, (3) this bill is enacted after AB 1987, in which case Section
14 of this bill shall not become operative.
  SEC. 17.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
